DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4607)

SERGI (AUST) PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 JULY 2016

Application for approval of the Sergi (Aust) Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Sergi (Aust) Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 28 July 2016 and, in accordance with s.54, will operate from 4 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the dispute were Sergi (Aust) Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute concerned the application for approval of the Sergi (Aust) Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The case was heard in the Fair Work Commission, an Australian workplace relations tribunal. The CFMEU sought approval for the agreement, which set out terms and conditions for employees in the mobile crane hiring industry, while Sergi (Aust) Pty Ltd contested certain provisions of the agreement.

The legal issues before the court involved the approval process for enterprise agreements under the Fair Work Act 2009, specifically whether the agreement met the requirements for "no disadvantage" and "better off overall" tests. The "no disadvantage" test required the court to determine if the agreement would result in employees being worse off than under their previous award or agreement. The "better off overall" test required the court to consider if the agreement would provide employees with better terms and conditions overall compared to their previous award or agreement. The court also had to consider if the agreement met the criteria for "genuine agreement" and if it was made in good faith.

The court found that the agreement met the "no disadvantage" and "better off overall" tests. The court concluded that employees would not be worse off under the agreement and would experience improvements in their working conditions. The court also found that the agreement was made in good faith and met the criteria for "genuine agreement." As a result, the court approved the Sergi (Aust) Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The agreement now sets the terms and conditions for employees in the mobile crane hiring industry, providing them with improved working conditions compared to their previous award or agreement.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established